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Welcome to Arbitration & Business Cases

Successful commercial arbitration and litigation lawyers must keep current on new developments in their field.

While arbitrators’ awards are typically confidential and unavailable, there is a growing body of court-based jurisprudence about the scope, process and procedures of arbitration, which counsel and arbitrators absolutely need to know about to be effective. There are also many cases on contract interpretation and remedies which are relevant in many commercial arbitrations and litigation.

In this blog, we hope to help commercial arbitration and litigation lawyers stay current by concisely summarizing noteworthy Ontario and other Canadian cases. On some cases, we may add an editorial comment.

Thank you for recommending Arbitration & Business Cases to your colleagues and for visiting the other pages of this website. Thank you for your feedback.

Igor Ellyn,

KC, CS, FCIArb., LSM

iellyn@ellynlaw.com
www.ellynadr.com
416-540-6611  |  416-365-3750

Robin Dodokin,

FCIArb., Q.Arb., LL.M, Q.Med.

robin@dodokinlaw.com
www.dodokinlaw.com
416-300-6515

Kathryn J. Manning

Q.Arb.

kmanning@dmgadvocates.com
www.dmgadvocates.com
416-238-7461

Case #0148E – James and Farmhouse Investments Inc.

ONTARIO – Application for Leave to Appeal of Arbitration Award – Section 45(1)-(2) of Arbitration Act – Leave to appeal refused where there were no errors of law by the arbitrator and the arbitration agreement stated that the arbitrator’s decision was final.
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Case #0147D – Sociedad Concesionaria Metropolitana de Salud S.A.

Ontario – Arbitration – Recognition and Enforcement Application in Ontario of an Italian Arbitral Award against a non-party was temporarily stayed on the basis of forum non conveniens pending the outcome of an Italian court proceeding on whether the Respondent (not a party to the arbitration) assumed liability under the foreign arbitral award.
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Case #0146M – Alyousef v. Alyousef, 2026 ONCA 78

ONTARIO – Partnership Agreement – The existence of a partnership is fact specific. The indicia of a partnership include contributions of money, property, effort, knowledge, skill or other assets to a common undertaking, a joint property interest in the subject-matter of the adventure, the sharing of profits and losses, a mutual right of control or management of the enterprise, the filing of income tax returns as a partnership and joint bank accounts. If sufficient indicia of a partnership are present, a partnership may exist based on an oral agreement.
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Case #0145D – Hilmer Motorsport GmbH v Mason

ONTARIO- ARBITRATION-Enforcement & recognition of a foreign judgment-Real & Substantial Connection Test.
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